B-209469, DEC 8, 1982

B-209469: Dec 8, 1982

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IS DISMISSED AS UNTIMELY. THE IFB WAS ISSUED IN LATE DECEMBER 1981. AMENDMENTS WERE ISSUED WHICH JORDAN REPORTS AT FIRST RELAXED THE SPECIFICATIONS AND BROADENED COMPETITION AND LATER RESTRICTED THEM SO THEY WERE ONCE MORE PROPRIETARY TO ONE MANUFACTURER. BID OPENING WAS ON MARCH 16. OUR BID PROTEST PROCEDURES PROVIDE FOR GAO CONSIDERATION OF PROTESTS INITIALLY FILED WITH PROCURING AGENCIES ONLY WHERE THE INITIAL PROTEST TO THE AGENCY IS TIMELY FILED. 4 C.F.R. A BIDDER WHO PARTICIPATES IN A PROCUREMENT THROUGH THE POINT OF BID OPENING WITHOUT OBJECTION MUST BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THE IFB. SINCE BID OPENING WAS MARCH 16. ITS PROTEST IS CLEARLY UNTIMELY AND WILL NOT BE CONSIDERED.

B-209469, DEC 8, 1982

DIGEST: PROTEST AGAINST RESTRICTIVE SPECIFICATIONS, FILED AFTER BID OPENING (INITIALLY WITH PROCURING AGENCY AND LATER WITH GAO), IS DISMISSED AS UNTIMELY.

JORDAN PANEL SYSTEMS CORP.:

JORDAN PANEL SYSTEMS CORP. (JORDAN) PROTESTS THE RESTRICTIVE NATURE OF THE SPECIFICATIONS FOR PREFORMED METAL WALL PANELS UNDER INVITATION FOR BIDS (IFB) NO. N62472-80-B-0107 ISSUED BY NORTHERN DIVISION, NAVAL FACILITIES ENGINEERING COMMAND (NAVY), PHILADELPHIA, PENNSYLVANIA. JORDAN ASSERTS THAT, AS WRITTEN, ONLY ONE MANUFACTURER CAN MEET THE SPECIFICATIONS. WE DISMISS THE PROTEST AS UNTIMELY FILED.

THE IFB WAS ISSUED IN LATE DECEMBER 1981. DURING FEBRUARY 1982, AMENDMENTS WERE ISSUED WHICH JORDAN REPORTS AT FIRST RELAXED THE SPECIFICATIONS AND BROADENED COMPETITION AND LATER RESTRICTED THEM SO THEY WERE ONCE MORE PROPRIETARY TO ONE MANUFACTURER. BID OPENING WAS ON MARCH 16, 1982. JORDAN, REPRESENTING ANOTHER MANUFACTURER'S PRODUCT LINE, POINTED OUT THE RESTRICTIVE NATURE OF THE SPECIFICATION TO THE NAVY AT A JUNE 30, 1982, MEETING.

OUR BID PROTEST PROCEDURES PROVIDE FOR GAO CONSIDERATION OF PROTESTS INITIALLY FILED WITH PROCURING AGENCIES ONLY WHERE THE INITIAL PROTEST TO THE AGENCY IS TIMELY FILED. 4 C.F.R. SEC. 21.2(A) (1982). IN THIS REGARD, OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN AN IFB BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(B)(1) (1982). A BIDDER WHO PARTICIPATES IN A PROCUREMENT THROUGH THE POINT OF BID OPENING WITHOUT OBJECTION MUST BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THE IFB. PATTERSON CONSTRUCTION CO., B-180290, FEBRUARY 28, 1974, 74-1 CPD 113.

SINCE BID OPENING WAS MARCH 16, 1982, AND JORDAN DID NOT OBJECT UNTIL THE JUNE 30, 1982, MEETING, ITS PROTEST IS CLEARLY UNTIMELY AND WILL NOT BE CONSIDERED.

THE PROTEST IS DISMISSED.